Under New Hampshire law, it is illegal for employers to knowingly employ illegal immigrants (NH Rev. Stat. Sec. 275-A:4-a). Practices or policies that discriminate against immigrants legally eligible for employment may constitute discrimination on the basis of national origin in violation of the New Hampshire Law Against Discrimination (NH Rev. Stat. Sec. 354-A:1 et seq.). The Law applies to all public employers and private employers with six or more employees.
Citizenship requirements that are made a condition of employment discriminate on the basis of national origin in violation of the state law. Inquiries about a person's citizenship or country of birth are unlawful and imply discrimination on the basis of national origin.
Because certain job requirements may discriminate against individuals on the basis of national origin, the Commission's rules require employers to scrutinize them to make sure they are required by business necessity (i.e., a compelling, essential business need for which there is no effective alternative with a less discriminatory effect). These job requirements include:
• Height and weight
• Requirement that applicants have no arrest record
• Fluency in English
• English-only rule in the workplace
• Requirement or exclusion of foreign training or education (NH Code of Admin. Rules Hum 405.03)